DIVORCE & SEPARATION AGREEMENTS
Which of the following is NOT a term properly included in a divorce separation agreement?
A declaration that the marriage is over and that one party promises to file for divorce within a certain period of time.
What factor is most important when determining child custody?
The best interest of the child
The amount of child support awarded is based upon:
The child support guidelines adopted by the state legislature.
At common law, a married woman:
- had to have her husband's consent to enter into a contract
- was not entitled to keep her own earnings from her employment
- could not serve as a juror
Which statement is true regarding division of property?
A pension earned by one spouse may be divided in divorce.
Support payments to a former spouse limited to the time needed to return to financial self-sufficiency are known as:
Rehabilitative Alimony
Which of the following is NOT a common form of custody award in Georgia?
Split Custody
An award of child support may be modified:
- upon a showing of a substantial change in the income of either parent
- whenever there is a change in the terms of child custody
- upon a showing of a substantial change in the needs of the child
If Georgia required a wife to take her husband's surname upon marriage, the law would be: Constitutional or Unconstitutional
Unconstitutional because it violates equal protection.
Why is uncovering financial assets often difficult in divorce litigation?
- some clients are not well-informed regarding their spouse's financial dealings
- some spouses try to hide assets
- some spouses don't keep accurate records and the hunt for financial assets is primarily a hunt for documents
It is common for an alimony obligation to end:
One of these:
Upon the death of the recipient
At a date specified in the agreement
Upon the remarriage of the recipient
When might supervised visitation be ordered?
- there is a legitimate fear that the child might be taken out of the state or country by the visiting parent
- there is a legitimate fear of physical harm to the child at the hands of the visiting parent
- there is a legitimate fear that the child will be emotionally harmed by the visiting parent
Child support: in terms of taxability is or is not?
Is Not
True or False:
A woman may legally be denied employment because she is pregnant.
False
Generally speaking, transfers of property pursuant to a divorce decree:
Taxable?
Are not taxable events.
Which factor is LEAST likely to determine whether a payment is alimony or property division?
The label used to describe the payment in the agreement
Once a custody order is entered, it:
May be modified upon a showing of a significant change in circumstances.
A parent who fails to pay child support may face:
- His/her federal income tax refund may be used to offset the amount owed.
- His/her driver's license may be revoked.
- He/she may be unable to obtain a passport.
What federal legal principle protects women from receiving lower pay for the same work?
Equal Pay Protections / Equal Pay Act
What legal order is commonly used to divide retirement benefits in divorce?
Qualified Domestic Relations Order (QDRO)
Which statement is true regarding the tax implications of alimony?
Alimony payments are a tax deductible expense to the payor.
Who has a duty to support a child?
Both Parents
Name three possible consequences of failing to pay child support.
Tax refund interception, driver's license suspension, passport denial.
DAILY DOUBLE
Name two legal rights that married women historically lacked at common law.
Contracting independently, keeping earnings, serving as jurors.
DAILY DOUBLE
Name three types of property owned by the Wilkinses that would need to be addressed in a divorce settlement.
Home, retirement accounts, vehicles, bank accounts, household furnishings, boat, debts.